CASE: Immigrant Visa / I-140 (EB-3 Category) 

EMPLOYER: Public School District in Mohave Valley, AZ

BENEFICIARY: Filipina Elementary School Teacher in the Philippines

LOCATION: Manila, Philippines

Our client has an employer (public school district in Mohave Valley, AZ) that was willing to petition her for a third-preference I-140.  Our client used to work for this employer as an elementary school teacher for several years on a J-1. With our office’s legal assistance, our client’s PERM Labor Certification was certified on December 23, 2020. Later, her employer filed an I-140 (EB-3 classification) petition for our client and it was approved by the USCIS on June 8, 2021. While her I-140 pending was pending, our client went back to the Philippines to fulfill her two year requirement, and we eventually started the consular processing phase for her immigrant visa. 

Our office filed the immigrant visa packets to the National Visa Center on August 3, 2021, who in turn forwarded the client’s materials to the U.S. Embassy in Manila, Philippines. An interview notice was set for the client at the U.S. Embassy in Manila. On August 12, 2022, our client appeared at the U.S. Embassy in Manila, Philippines. The interview went well, and the Embassy approved and issued her immigrant visa. With the approved Immigrant Visa, our client can come to the United States immediately, and she will get her green card within two months of entry.

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CASE: J-1 Waiver (No Objection Statement – Humanitarian)

NATIONALITY: Philippines

LOCATION: Phoenix, AZ

Our client came from the Philippines on a J-1 in August 2016 to work as a teacher. Based on her DS-2019, she was subject to the two-year foreign residency requirement. Her employer wanted to sponsor her green card and she consulted with our firm for her J-1 visa waiver prior to applying for adjustment of status. If someone is subject to the two-year foreign residency requirement, she cannot get a green card in the United States until she fulfills the requirement or obtains a waiver.

Our office told our client that she can apply for a waiver under the No Objection Statement category based on the fact of her medical hardship. Her medical condition (cancer) made her eligible for our client to pursue the NOS waiver under the humanitarian category from the Philippine Embassy. Upon retention, our office prepared a waiver request through a No Objection Statement (NOS) from the Philippine Embassy in the United States and eventually the EVP in the Philippines.

On March 21, 2021, the J-1 Waiver Application (Form DS-3035) was filed to the Department of State.  The NOS request was also sent to the Philippines. 

On June 23, 2022, the Waiver Review Division issued a favorable recommendation based on the No Objection statement.  Eventually, on July 6, 2022, the USCIS issued an I-612 approval notice for the waiver.

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CASE: J-2 Waiver of Two-Year Foreign Residency Requirement / Over 21-year-old dependent child

NATIONALITY: Filipina

LOCATION: Casa Grande, AZ

Our client is a citizen of the Philippines who came to the U.S. on a J-2 Visa in July 2017.  She came with her mother who entered on a J-1 Visa as a teacher in the U.S. Both were subject to the two-year foreign residency requirement, meaning they had to go back to their home country for two-years before they can apply for permanent residency or some non-immigrant visa such as the H, L, and O visas.

She turned 21 in December 2021.  By getting a waiver, she would have the ability to change her status in the U.S. However, because of her two-year foreign residency requirement, our client cannot change her status in the United States without the fulfillment of requirement or the waiver. 

Although J-2 dependents cannot independently apply for a waiver, in cases where a J-2 child reaches 21, the Waiver Review Division may consider requests for waivers on behalf of the J-2 dependent.  The Department of State’s policy allows for that process in instances where the J-2 dependent obtains a divorce form the J-1 principal, the J-1 principal dies, or in cases where the J-2 dependent turns 21, which is our client’s case. In fact, our client turned 21 in December 2021.  

Our firm was retained to do her J-2 waiver, and on February 22, 2022, the J-2 Waiver application (Form DS-3035 and supporting documents) was filed to the Department of State. We also sent a request to the DOS to be an interested government agency and recommend this waiver based on the fact that our client reached the age of 21 and was not a dependent of a J-1 visa holder anymore.  On April 18, 2022, the DOS recommended to the United States Citizenship and Immigration Service (USCIS) that our client be granted a waiver.  On June 10, 2022, the USCIS issued an I-612 approval notice for our client’s waiver request.

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has an employer that was willing to file a third-preference I-140 for him. Our client has a Bachelor’s degree in Biology, a valid Arizona Teaching license, and has worked for his current employer since July 2016. Based on our client’s education and credentials, our office determined that he is clearly eligible for EB-3 classification for his I-140 petition.  Our client eventually retained us in May 2020.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could only be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on September 3, 2020.  On November 20, 2020, we filed the PERM application. 

On June 17, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on June 29, 2021.  Eventually, on September 29, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on November 12, 2021 via regular processing service. Eventually, on June 2, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has an employer was willing to petition her for a third-preference I-140.  Our client has a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2016. Based on our client’s education and credentials, our office determined that she is eligible for EB-3. Our client retained us in April 2020.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could only be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on August 31, 2020.  On December 8, 2020, we promptly filed PERM. 

On July 2, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on July 29, 2021.  Eventually, on November 1, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on December 3, 2021 via regular processing. On May 23, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).

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CASE: I-140 (EB-3)

EMPLOYER: Public School District

BENEFICIARY: Filipino High School Math Teacher

LOCATION: Casa Grande, AZ

Our client has an employer willing to do an I-140 Petition for him. He has a Bachelor’s degree in Math, a valid Arizona Teaching license, and has worked for his employer since July 2016. Based on his education and credentials, our office determined that he is eligible for EB-3 classification for his I-140 petition.  We were retained in May 2020.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could only be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on September 10, 2020.  On December 11, 2020, we filed PERM. 

On July 7, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on July 23, 2021. Eventually, on November 1, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipino beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on November 19, 2021 via regular processing. On May 17, 2022, the I-140 EB3 Petition for our Filipino client was approved without any Request for Evidence (RFE).

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CASE: EB-3 I-140

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Chemistry Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer that was willing to petition for a third-preference I-140.  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since July 2016. Based on her education and credentials, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us in May 2020.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could only be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on September 2, 2020.  On November 17, 2020, we promptly filed PERM. 

On June 16, 2021, the Department of Labor issued a request for audit. The DOL requested documents from the Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on June 25, 2021.  On September 29, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on October 29, 2021 via regular processing service. Eventually, on April 16, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

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CASE: EB-3 I-140

EMPLOYER: Public School District

BENEFICIARY: Filipina Elementary Special Education Teacher

LOCATION: Mohave Valley, AZ

Our client has an employer willing to do an I-140 Petition for her.  Our client has a Bachelor’s degree in Education, a valid Arizona Teaching license, and has worked for her current employer since July 2014. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification. Our client retained us in October 2019. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on March 3, 2020.  On June 26, 2020, we filed PERM. 

On January 4, 2021, the Department of Labor issued a request for audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on January 29, 2021.   On May 20, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition. We included the job offer letter, employee’s W-2, and other supporting documents.

The I-140 Petition was filed on June 25, 2021 via regular processing. On March 21, 2022, our office filed an I-907 premium processing upgrade request to the USCIS. On April 4, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

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CASE: I-485 Adjustment of Status

APPLICANT: Filipina Elementary School Teacher

LOCATION: Tucson, AZ

Our client has an employer willing to file an I-140 Petition for her. She has a Bachelor’s degree in Elementary Education, a valid Arizona Teaching license, and has worked for her current employer since July 2017. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client retained us in September 2018.

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on April 8, 2019.  On August 7, 2019, we filed PERM. 

On January 7, 2020, the Department of Labor issued an audit. The DOL requested documents from Petitioner to determine whether the recruitment process was done properly. In response to the Audit request, our office prepared the response to Audit brief along with Employer’s declaration, notice of filing, and recruitment documentation on January 23, 2020.  Eventually, on June 16, 2020, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition filing. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employer’s tax records, and other necessary supporting documents.

The I-140 Petition was filed on July 24, 2020 via regular processing service. We also filed her I-485 adjustment of status application simultaneously since her priority date was current. On January 22, 2021, the USCIS issued the Request for Evidence (RFE) for our client’s teaching license copy. Our office immediately filed the RFE response. On March 18, 2021, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE).  Eventually, on March 28, 2022, the USCIS approved our client’s I-485 adjustment of status application. Now she is a green card holder.

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CASE: EB-3 I-140

EMPLOYER: Public School District

BENEFICIARY: Filipina High School Biology Teacher

LOCATION: Casa Grande, AZ

Our client has a current employer willing to do an I-140 Eb3 Petition for her.  Our client has a Bachelor’s degree in Secondary Education, a valid Arizona Teaching license, and has worked for her current employer since September 2017. Based on our client’s education and work background, our office determined that she is eligible for EB-3 classification for her I-140 petition.  Our client eventually retained us on May 4, 2020. 

Prior to filing PERM, our firm prepared the prevailing wage request, job order, advertisements, internal job posting, recruitment report, and all other steps which are important pre-PERM filing. Take note that the PERM application could be filed at least 60 days from the job posting date or 30 days from the last ad. Within a week from our retention, the prevailing wage request was filed.  After we obtained the PW determination, our office filed the job order on September 9, 2020.  On November 24, 2020, we promptly filed PERM. Eventually, on June 7, 2021, the PERM Labor Certification was approved – an EB3 position for the Filipina beneficiary. 

We then proceeded with the I-140 Petition. We submitted the “ability to pay” letter for the I-140 petition application. We included the job offer letter, employee’s W-2 copy, and other necessary supporting documents.

The I-140 Petition was filed on June 25, 2021 via regular processing service. Eventually, on March 18, 2022, the I-140 EB3 Petition for our Filipina client was approved without any Request for Evidence (RFE). 

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